Trump Signs Orders to End Cashless Bail

President Donald Trump is extending his control over Washington, D.C., after deploying the National Guard earlier this month. On Monday, he signed an executive order requiring the district and other states to end cashless bail within 30 days for defendants considered a risk to public safety.

“Washington was the most dangerous place in this country and now, you know what? It’s probably the safest place in the country,” Trump said during the signing.

Understanding cashless bail

Cashless bail was designed to prevent people from being jailed simply because they cannot afford money bail. Cashless bail lets people accused of crimes leave jail before trial without posting money, often based on factors like criminal history or flight risk. Supporters argue it reduces unnecessary pretrial detention, limits overcrowding in jails and ensures that low-income defendants are treated more fairly. Critics, however, say it can put communities at risk if defendants commit new crimes while awaiting trial.

In Washington, D.C., the system has been in place since the 1990s. NPR reported that in 1992, judges began deciding who could be released under these rules.

The White House criticized the policy, citing studies linking it to higher crime rates.

A 2023 study in Yolo County, California, found that “zero bail” policies corresponded with a 163% increase in overall crime and a 200% rise in violent crime compared with defendants who posted bail.

DC council updates pretrial rules

In July, the D.C. council passed three bills aimed at addressing crime in the district, including one that changes rules for pretrial detention. The update requires judges to keep defendants in custody for certain offenses, such as sexual abuse and strangulation, unless their attorney presents a credible argument for release. It also makes it easier for judges to order detention regardless of a defendant’s prior criminal history.

Executive order details

In the order, Trump said public safety depends on keeping in custody people whose charges or criminal records show they pose a continuing threat. He argued that releasing defendants without bail under city or state policies puts communities at risk and strains law enforcement, which may have to re-arrest the same individuals while earlier cases are still pending.

“You never see the person again. They kill people and they get out,” Trump said.

The order directs the attorney general to compile a list of states and local jurisdictions that have substantially eliminated cash bail for crimes such as violent offenses, sexual crimes, burglary, looting and vandalism. It also instructs federal agencies to review funding provided to those jurisdictions and identify grants or contracts that could be suspended or terminated, as permitted by law.

The administration emphasized that the order must be carried out within the limits of existing statutes and budgets, and that it does not create new legal rights or obligations.

Other places with cashless bail

Illinois, New Jersey and New Mexico have also moved away from traditional cash bail. Instead, they rely on alternative methods to decide who can be released before trial.